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(영문) 창원지방법원진주지원 2020.02.12 2019가합213
약정금
Text

1. The Defendants jointly share KRW 43,308,00 with respect to the Plaintiff and the period from January 21, 2020 to February 12, 2020.

Reasons

1. The facts below the basis of facts are acknowledged, either in dispute between the parties or in full view of the entries in Gap evidence 1 to 14 and the purport of the whole arguments.

A. Defendant Company is a company established for the purpose of solar power generation, electrical construction, solar power generation consulting, etc., and Defendant C is the representative director of Defendant Company.

B. On June 13, 2017, the Plaintiff entered into a sales contract with Defendant C to sell three-fourths of the 19,934 square meters of Sacheon-si D Forest land to Defendant C with the same content as attached Table 1. Around that time, the Plaintiff and the Defendant Company entered into a consulting service contract for solar power generation business with the same content as attached Table 2.

(A) In light of the content of the consulting service agreement, the “A” and “B” appears to be opposed to the above agreement.

On June 13, 2017, the Plaintiff entered into a contract for the installation of solar power facilities (hereinafter “the first construction contract”) with the Defendant Company to set the contract amount of KRW 390,000,000 for the contract amount and the construction period from June 13, 2017 to June 12, 2018. D. As to the first construction contract, the Plaintiff was unable to obtain authorization and permission from the competent authority with regard to the first construction contract, and the Plaintiff entered into a contract for the installation of solar power facilities (hereinafter “the first construction contract”) with the Defendant Company by setting the contract amount of KRW 39,00,000 for the installation of solar power facilities on the ground of Taecheon-si, 299.81km, with respect to the installation of solar power facilities on a daily basis between the Defendant Company and the construction period of KRW 39,00,000 for the construction period of KRW 100,000 for the first construction contract to KRW 390,000,28.

The main contents of the special agreement for the second construction contract shall be as shown in attached Form 3.

E. The Sacheon-si market shall be October 2018.

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